Motor Vehicles Act, 1988, Section 168 -- Compensation - Agricultural income - Deceased an agriculturist aged 25 years - No evidence to substantiate claim of having agricultural income of 4 acres of land - There was no evidence that he was having any income from sale of milk or cattle - Award of compensation of Rs. 6.5 lacs presuming income of Rs.4500/ - by Tribunal and..........
Criminal trial -- Independent witnesses - Non joining of - Conviction u/s 326/324/34 IPC - Occurrence took place in a cattle fair where there was a large crowd but none of the independent witnesses associated - Conviction set aside...........
Criminal trial -- Sworn affidavits of witnesses Ex.DB & DC that injuries were caused by some other persons and the same were not attributable to the accused - Two witnesses examined and both related to the injured - Occurrence took place in a cattle fair where there was a large crowd but independent witnesses not joined - Held, prosecution failed to prove the guilt of..........
Adverse possession -- Mere tethering of cattle or storing of fuel or logs on waste or open land is not adverse possession - It is merely a case of user and not of possession of the open land...........
Criminal Procedure Code, 1973, Section 145, 482 -- Dispute regarding possession of property - Documentary evidence showed that at one time grand father of respondent `K' was the owner of the land and `K' in his affidavit also stated that he was in possession of the same - Mere construction of Khor and installation of Khuntas in the disputed site does not show the..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 4, Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1974, Section 3 -- Land vested in the Gram Panchayat - By Himachal Act all rights, title and interests in the land in any estate vested in Panchayat under S.4 of he Punjab Act vested in the State free from all encumbrances - Residents of village..........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Buffaloes - Insurance claim - Repudiation - Plea of the complainant that floods came and washed away their buffaloes not specifically denied in the written statement filed by the Insurance company - Investigating Officer not collecting material that whether there were floods on the particular date and if so whether..........
Punjab Village Common Lands (Regulation) Act, Section 2(g) -- Grazing rights-Suit by residents (non-proprietors) of the village in representative capacity for mandatory injunction restraining defendants from appropriating any Shamlat Deh land utilised from time immemorial for grazing of cattle of entire village including non-proprietors who had a right to graze their..........
Injunction -- Proof of possession - Mere an act of throwing rubbish or refuse in Bara is a weak evidence of user which cannot take place of evidence of possession - Throwing rubbish, placing dung cakes, tethering cattle, installation of pegs etc. is not a conclusive proof of possession unless an overt act to exclude others from use and possession is established - Any..........
Possession -- Proof - Merely placing dung cakes or by tethering the cattle by installing pegs or by placing carts possession is not established or complete - Access of a user of a plot has to be proved by his overt acts that the disputed site was in his possessory title and that he wants to exclude every body from the use of such plot to his advantage...........
